Public Policy

  • May 14, 2026

    Justices Say Freight Brokers Can Face Negligence Suits

    The U.S. Supreme Court said Thursday that freight brokers might also be liable under state law for selecting unsafe motor carriers that then get into highway crashes that kill or injure people, offering long-sought clarity on liability standards in a commercial trucking industry unnerved by supersized verdicts against carriers and drivers.

  • May 13, 2026

    Trump Library Land Given As Unlawful Gift, Fla. Suit Says

    A group of Florida residents alleged President Donald Trump broke the law after paying nothing to receive a downtown Miami parcel worth $300 million to build his presidential library, claiming in a federal lawsuit filed Wednesday the land transfer constituted an illegal gift under the U.S. Constitution.

  • May 13, 2026

    Microsoft Exec Backed OpenAI Deal Amid Concerns, Jury Told

    Microsoft's chief technology officer testified in a California federal jury trial Wednesday over Elon Musk's challenge to OpenAI's for-profit conversion, recalling that he proposed Microsoft invest significant resources into OpenAI's for-profit arm to stay competitive despite his initial concerns over whether OpenAI's nonprofit donors had agreed to the for-profit partnership.

  • May 13, 2026

    EPA Must Reconsider Flame Retardant Regs, 9th Circ. Says

    The U.S. Environmental Protection Agency must revisit rulemaking on a flame retardant known as decaBDE, a Ninth Circuit panel said Wednesday, agreeing with a Native American tribe and environmental groups that the federal agency failed to adequately explain its past decisions declining to further regulate the chemical's disposal.

  • May 13, 2026

    Dems Target Ethics, Illicit Finance In Crypto Bill Amendments

    Lawmakers have offered over 100 amendments ahead of the Senate banking committee's Thursday markup of its latest proposal to regulate crypto markets, with Democrats proposing the lion's share of changes in an effort to add ethics language and beef up provisions addressing crypto's use in illicit finance.

  • May 13, 2026

    Judge Challenges DOJ On Trump Records Act Defiance

    A Trump administration attorney couldn't say whether the White House would follow Presidential Records Act requirements before disposing of records after an Office of Legal Counsel opinion unilaterally called the law unconstitutional last month.

  • May 13, 2026

    Mom Seeks $20M, Alleging State's 'Epic' Failure Before Killing

    The Connecticut Department of Children and Families committed a "failure of epic proportions" when a father took custody of a 7-month-old he murdered five days later by throwing the boy into a river, an attorney for the slain infant's mother argued Wednesday in a $20 million lawsuit against the state.  

  • May 13, 2026

    Oversight Bill For FCC's High Cost Program Signed Into Law

    The Rural Broadband Protection Act, which aims to establish a vetting process for internet service providers who are taking part in the Federal Communications Commission's "high cost" program, has finally made it into law after being filed several times over the last couple of years.

  • May 13, 2026

    Empire Wind Seeks Permanent End To Stop-Work Order

    The developers of a $4 billion offshore wind energy project that should power half a million New York homes once it's finished believe it's time for a D.C. federal judge to once and for all tell the Trump administration that it cannot interfere with its construction.

  • May 13, 2026

    Squires Hits Pause On Unpopular Examiner Sign-Off Policy

    The U.S. Patent and Trademark Office director has paused a policy requiring that supervisory patent examiners sign off on some first actions by examiners who have signatory authority, a policy that's been unpopular with examination staff since its rollout in the fall, Law360 has learned.

  • May 13, 2026

    4th Circ. Says Prison Misconduct Sank Sentence Cut Bid

    The Fourth Circuit has ruled that a Virginia man convicted of illegal ammunition possession should be made to serve an entire federal sentence, despite being eligible for a reduction under recently revised sentencing guidelines.

  • May 13, 2026

    1st Circ. Doubts Trump Admin's 3rd-Country Removal Policy

    The First Circuit on Wednesday questioned the sufficiency of a country's diplomatic assurances that a noncitizen won't be persecuted or tortured if the Trump administration deports them there, and whether such assurances eliminate obligations to provide notice to the deportee.

  • May 13, 2026

    2nd Circ. Backs Fed Reserve's Power To Cut Master Accounts

    The Federal Reserve has broad discretion to cut financial institutions off from master accounts, the Second Circuit ruled Wednesday, rejecting a Puerto Rico bank's argument that it has a statutory right to what is commonly referred to as "bank accounts for banks."

  • May 13, 2026

    NCAA Says Injunction Mooted WVU Players' Eligibility Suit

    The NCAA has asked a West Virginia federal judge to toss the antitrust suit of four football players, arguing that the athletes lack standing because a preliminary injunction that allowed them to play during the 2025-26 season remedied their alleged injuries.

  • May 13, 2026

    Pa. School OK To Remove List Of 'Infamous' Strikebreakers

    A divided Pennsylvania appeals panel on Wednesday held that administrators at a Pennsylvania university were allowed to remove a list of "infamous" strike-breaking union faculty members from a public bulletin board, even though the posting itself was legally protected.

  • May 13, 2026

    4th Circ. Judge Flags Energy Shortage Harms In Pipeline Fight

    A Fourth Circuit judge on Wednesday appeared less than pleased with counsel for a collection of environmental groups during a hearing to consider halting construction on an interstate pipeline, calling attention to the "one sentence" devoted to the public harm of ongoing energy shortages.

  • May 13, 2026

    Arbitrators See Global Stakes In Trump BigLaw EO Fight

    Ahead of a D.C. Circuit hearing on Thursday in the Trump administration's effort to revive executive orders imposed against four BigLaw firms, an official at the College of Commercial Arbitrators told Law360 this week there are several things arbitrators are going to be watching for.

  • May 13, 2026

    HealthSplash CEO Found Guilty In $450M Medicare Fraud Trial

    A Florida federal jury found a former healthcare company executive guilty on Wednesday of swindling Medicare out of $450 million with software that created false prescriptions for orthotic braces.

  • May 13, 2026

    CMS To Keep $1.3B From Calif., Halt New Hospice Enrollment

    The federal government on Wednesday announced it will defer more than $1.3 billion in Medicaid funds from California and halt new Medicare enrollments for hospices and home health agencies, saying it was part of an effort to crack down on fraudulent activity.

  • May 13, 2026

    SEC's New Enforcement Chief Touts 'Back To Basics' Message

    The U.S. Securities and Exchange Commission's new head of enforcement affirmed Wednesday that he fully supports Chairman Paul Atkins' focus on "quality over quantity" regarding cases, amid a dramatic decrease in original enforcement actions at the agency.

  • May 13, 2026

    Full 5th Circ. Weighs Jackson, Mississippi, Lead Poisoning Claims

    The full Fifth Circuit on Tuesday weighed whether to keep intact a lawsuit alleging the city of Jackson, Mississippi, poisoned its residents by allowing lead to leach into the water supply, asking what level of lead in the water would constitute "shocking the conscience."

  • May 13, 2026

    Mich. Panel Revives FOIA Suit, Finds Defense Frivolous

    A Michigan appellate panel partly revived a Freedom of Information Act lawsuit against a Detroit-area prosecutor's office, ruling that the office failed to adequately justify withholding records related to threats against the prosecutor and her staff, while also finding that one of its legal defenses was frivolous and sanctionable. 

  • May 13, 2026

    Feds' Sanctuary City Suit Against Boston Scrutinized

    A Massachusetts federal judge appeared poised Wednesday to throw out a Trump administration lawsuit against the city of Boston over its "sanctuary city" policy limiting cooperation with federal immigration agents.

  • May 13, 2026

    Conn. PFAS Plaintiffs Deny Forum Shopping In Montana Suit

    The City of Stamford and a local fire district are pushing back against a bid by 3M and others to sanction them for moving their claims from Connecticut to Montana, saying the sanctions bid misrepresents the facts and circumstances motivating them to join the litigation.

  • May 13, 2026

    Israel, Diplomat Hit With Suit Alleging Damage To Ga. Home

    The state of Israel and an Israeli diplomat owe a property owner thousands of dollars over homeowners association violations, lease breaches and damage done to his Atlanta home when it was leased for the diplomat and her family to live in, according to a suit filed Wednesday in Georgia federal court.

Expert Analysis

  • How Cos. Can Navigate The Patchwork Of AI Safety Bills

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    In the first few months of 2026, state and federal lawmakers introduced hundreds of bills to address the perceived safety risks of artificial intelligence, so companies should assess whether existing or planned services could be scoped into AI safety legislation across jurisdictions, say attorneys at Hogan Lovells.

  • Unpacking FCC's Proposed Rules For Offshore Call Centers

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    The Federal Communications Commission recently proposed rules that would restrict the use of offshore customer service operations, citing consumer frustration, data security risks and fraud as core reasons for the sweeping regulatory move, say attorneys at Eversheds Sutherland.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Key Takeaways From The 2026 ABA Antitrust Spring Meeting

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    Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Informal Announcements Are Reshaping FDA Regulations

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    The U.S. Food and Drug Administration's recent shift toward using press releases, podcasts and other informal channels to announce major policy changes reflects a valid desire to modernize and accelerate regulatory efforts, but it could lead to diminished transparency, increased industry burden and reduced policy durability, says Rachel Turow at Skadden.

  • Motorola Case Shows Reach Of NLRA Dishonesty Protections

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    A recent National Labor Relations Board case, involving a Motorola employee who was terminated for lying about discussing wages, illustrates the broad reach of National Labor Relations Act protections for concerted activity, which may take on new significance as the agency shifts toward more restrained enforcement, say attorneys at BakerHostetler.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • OhioHealth Suit Signals Higher Antitrust Heat On Hospitals

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    The recent antitrust lawsuit against OhioHealth by the U.S. Justice Department and Ohio attorney general shows that federal and state enforcers are closely examining the competition issues in the healthcare sector, including restrictive contracts and antisteering practices, say attorneys at Freshfields.

  • OCC Rule Tests Nonfiduciary Powers Of Trust Banks

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    The Office of the Comptroller of the Currency's updates to its final rule on national bank chartering, effective April 1, may augur a showdown between the OCC, states and traditional banking institutions over both the authority of national trust banks to engage in nonfiduciary activities under the National Bank Act, and the scope of federal preemption, says Audrey Carroll at Stinson.

  • Proposed Oracle Act Tests NY's Prediction Markets Clout

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    New York's proposed Oracle Act could if passed force a high-stakes showdown over event contracts in the prediction markets as well as state gambling laws, and legal practitioners should closely monitor litigation, parallel developments in other states, Commodity Futures Trading Commission rulemaking and congressional action, says Linda Goldstein at CM Law.

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